Foster Lumber Co. v. Kelly
Court of Appeals of Kansas
Error from Geary district court; O. L. Moore, judge. STATEMENT. Plaintiee in error sought to recover from the defendant in error the value of lumber taken by the- defendant in error and used, being the property of the plaintiff company. The petition alleges that the defendant wrongfully took possession of the lumber, and wrongfully converted the same to his own use.
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Error from Geary district court; O. L. Moore, judge. STATEMENT. Plaintiee in error sought to recover from the defendant in error the value of lumber taken by the- defendant in error and used, being the property of the plaintiff company. The petition alleges that the defendant wrongfully took possession of the lumber, and wrongfully converted the same to his own use. The defendant objected, by his answer, to the jurisdiction of the court over his person because he was served with the process of the court upon the Fort Riley military reservation. He denied wrongfully taking the lumber and…
1Opinion of the Court
The opinion of the court was delivered by
Mahan, P. J. :
We are of the opinion that the court abused its discretion in not granting the plaintiff time *379to prepare to meet the changed conditions made by the pleadings, after permitting the defendant to withdraw his third defense. The petition states facts upon which the plaintiff had a right to recover the market value of the lumber taken by the defendant, without regard to whether it was taken wrongfully or rightfully. The third.count of the answer admitted the taking of a specific amount of lumber of a certain value and left no controversy…
2Cited by1 opinion
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